Construction Insurance: Tendering Your Claim to the Correct Carrier, Understanding Carriers' Right to Allocate to Others
Navigating Indemnity, Contribution and Subrogation to Determine the Appropriate Liability Allocation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel to contractors and developers on allocation of defense and indemnity exposure between a contractor’s direct coverage and additional insured coverage provided by subcontractors. The panel will focus on the interplay between subrogation and contribution and how to determine which principle applies to appropriately allocate coverage. The program will also explain issues in the context of insurers at different coverage levels as well as the interplay of self-insured retention.
Outline
- Choosing the policy to tender your claim to that is best for your client
- Based on the time the policy is issued
- The client’s self-insured retentions
- Policies the client didn’t purchase, naming the client as an “additional insured”
- The chosen carrier’s right to allocate and seek contribution from other insurers
- Contribution with other insurers for the client
- Pursuing others that owe indemnity to the client (subrogation)
- Whether excess or umbrella insurance may be pursued
- Tactics and a discussion between policyholder and carrier coverage counsel regarding strategies—and traps to avoid.
Benefits
The panel will review these and other key issues:
- What are the differences between principles of contribution and subrogation and how do these principles determine allocation between direct and additional insured insurers?
- How do courts treat “other insurance” clauses in determining appropriate allocation between direct and additional insured insurers?
- What principles apply when the insurance carriers are at different levels of coverage?
- How does allocation between direct and additional insured insurers impact the contractor’s payment of SIRs?
Faculty
Theresa A. Guertin, Esq.
Saxe Doernberger & Vita
Ms. Guertin advocates on behalf of policyholders and serves a wide variety of clients, including both national and... | Read More
Ms. Guertin advocates on behalf of policyholders and serves a wide variety of clients, including both national and local general contractors, manufacturers, small businesses and professionals. She is skilled at seeking out and obtaining coverage under CGL, commercial property, builder’s risk, professional liability, pollution liability and homeowners’ insurance policies.
CloseJohn H. Podesta
Partner
Murchison & Cumming
Mr. Podesta focuses his practice in the areas of insurance coverage and bad faith, business litigation, and general... | Read More
Mr. Podesta focuses his practice in the areas of insurance coverage and bad faith, business litigation, and general civil litigation. In his 20-year practice, he has handled a wide variety of matters, including insurance recovery and construction insurance disputes involving ongoing operations and construction defects. Mr. Podesta is the current Co-Chair of the Construction Sub-Committee of the ABA Insurance Litigation Committee.
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